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A Message From Michelle At Fightback About ATOS And PIP

January 31, 2015

A very worrying thing happened on Thursday whilst I was attending a PIP medical at the new Manchester Atos Centre. The assessor openly admitted she had access to and had read my clients ESA assessment from 2 years previous. She openly discussed things that were noted in it including fact that some illnesses were not listed then that were on her PIP form that I completed with her.

The problem with this is that we had challenged the decision in 2013 in tribunal and that ESA medical and the DWP decision was overturned in 2014. Now the main problem was that is that there were inconsistencies, omissions and downright untruths in the physiotherapists report of 2013. More importantly was the fact that case law for ESA states that you should be assessed by a doctor or mental health trained nurse if you have mental health problems or musco skeletal, she had both! She was not so the decision was adverse.

So WHY are Atos now using their own adverse decisions for pip?

I did challenge this and the HCP was very open, saying they can use any info available and this was on their system. It was of course pointed out that the decision was overturned and the report could not be relied on,, however she still kept referring to it.

Of course we will be asking ATOS further about this as in our eyes it breaches the rules of natural justice and we believe may even be an area where judicial review may apply.
Please share to alert other groups etc.
Your thoughts?
Michelle

8 Comments leave one →
  1. January 31, 2015 1:10 pm

    Reblogged this on sdbast.

  2. January 31, 2015 3:06 pm

    Reblogged this on Diary of an SAH Stroke Survivor.

  3. January 31, 2015 3:07 pm

    Best to include a copy of the tribunals decision in with the claim form and other evidence

  4. January 31, 2015 4:18 pm

    Reblogged this on karenstoneblog and commented:
    On it goes …..:(

  5. January 31, 2015 8:06 pm

    Reblogged this on Britain Isn't Eating.

  6. January 31, 2015 9:45 pm

    Reblogged this on lawrencerowntree.

  7. February 1, 2015 10:34 am

    Reblogged this on The Greater Fool.

  8. February 2, 2015 11:16 am

    Reblogged this on Lindas Blog and commented:
    Please Share this; Important disturbing news, re PIP DLA ESA reassessments etc.

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